Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This proposed rule reflects
Missouri-specific requirements applicable to ETCs.
(1) Any Eligible Telecommunications Carrier
(ETC) receiving ETC designation from the commission will-
(A) Solely conduct business using the name or
"DBA" under which the commission granted ETC designation. Use of other or
additional names such as brand or service names is prohibited;
(B) Maintain a current list of
company-designated contacts within Electronic Filing Information System
(EFIS);
(C) Provide a copy, to the
manager of the commission's Telecommunications Department, of any finding by a
state or federal authority that the company has violated universal service fund
program requirements;
(D) An ETC
will cooperate and comply with periodic audits and/or requests for information
by the commission staff to monitor compliance with this chapter; and
(E) An ETC will not self-certify to the
federal USF administrator for receipt of federal Universal Service Fund (USF)
unless the Federal Communications Commission (FCC) has preempted such state
commission authority.
(2) Notice requirement for ETC name changes.
At least ten (10) days prior to the use of a new name, an ETC
should file a written notice in EFIS that includes-
(A) A statement clearly setting out both the
old name and the new name;
(B)
Evidence of registration of the new name with the Missouri Secretary of
State;
(C) A statement that the
company will continue to comply with all applicable laws and rules relating to
ETC designation;
(D) A statement
that the company's contacts in EFIS have been reviewed and are correct;
and
(E) A copy of the notice
informing customers of the name change.
(3) Annual filing requirement. In concurrence
with the Form 481 deadline, an ETC shall annually submit into EFIS-
(A) A copy of the company's Form 481
report;
(B) Certification from an
officer of the company attesting under penalty of perjury to the following
information:
1. The company has policies and
procedures in place to ensure Lifeline subscribers are eligible to receive
Lifeline service;
2. The company is
in compliance with all federal Lifeline certification procedures;
3. The company complies with the minimum
service levels set forth in FCC rule section 54.408; and
4. The company's Missouri operations solely
use the name of the company as recognized by the commission for ETC designation
in all marketing and USF-related materials;
(C) The website address containing
information about the company's Lifeline service or alternatively state the
company does not maintain such a website; and
(D) If the ETC has received or will receive
high cost support then the company's officer certification should include the
following additional attestations and information-
1. All federal high-cost support provided to
the company within Missouri was used in the preceding calendar year and will be
used in the coming calendar year only for the provision, maintenance, and
upgrading of facilities and services for which the support is
intended;
2. The applicable study
area code(s) of the company's high-cost service area; and
3. For wireless ETCs, the company complies
with the latest edition of Cellular Telecommunications and Internet
Association's Consumer Code for Wireless Service.
(4) The relinquishment of ETC
status is accomplished by providing a letter signed by an authorized company
official or representative at least sixty (60) days prior to relinquishing ETC
status demonstrating compliance with
47
U.S.C. section
214(e)(4).
*Original authority: 392.200, RSMo 1939, amended
1987, 1988, 1996, 2003, 2005, 2008; 392.248, RSMo 1996; and 392.470.1, RSMo
1987.
